take the opinions of the attorney and solicitor-ges neral upon the forementioned statute of the 6th of

the queen.

Aug. 21, 1725.

I am,

EDM. LONDON.

(3.) The joint opinions of the attorney and solicifor-general, Yorke, and Wearg, in 1725. To their excellencies the lords justices. May it please your excellencies.

In humble obedience to your excellencies' commands, signified to us by Mr. Delafaye, we have considered the several matters referred to us, by letter of the 24th inst., transmitting to us the inclosed copies of some letters, which his grace the duke of Newcastle had received from the lord bishop of London, concerning an address, from the general convention of the independent ministers, in New England, to the lieut.-governor, council, and house of burgesses, there, desiring them to call the several churches in that province to meet, by their pastors and messengers, in a synod, to which the said council, and house of representatives, have given their consent; and directing us to enquire into this matter, and report our opinions upon several questions, proposed in the said letter.

And we humbly certify your excellencies, that as to the several matters of fact, contained in the said letters, and papers, therewith transmitted, we have been obliged to take the same, as they are therein stated, having at present no opportunity of

obtaining strict regular proof; and therefore such parts of this report, as arise out of those facts, are grounded upon a supposition, that the relations contained, in those letters, and papers, are true.

The address of the general convention of ministers is mentioned to be in these words, to wit,

"To the very honourable William Dummer, esq., lieut.-governor, and commander-in-chief, and to the honourable the counsellors, to the honourable the representatives, in the great and general court of his majesty's province of the Massachusets Bay, assembled, and now sitting, a memorial, and address, humbly presented.

"At a general convention of ministers, from several parts of the province, at Boston, 27th May, 1725.

Considering the great and visible decay of piety in the country, and the growth of many miscarriages, which we may fear have provoked the glorious Lord, in a series of various judgments, wonderfully to distress us; considering also the laudable example of our predecessors, to recover, and establish the faith, and order of the Gospel, in the churches, and provide against what immoralities might threaten to impair them, in the way of general synods, convened for that purpose; and considering that forty-five years have now rolled away, since these churches have now seen any such conventions ; it is humbly desired, that the honoured general court would express their concern, for the

great interests of religion, in the country, by calling the several churches, in the province, to meet, by their pastors, and messengers, in a synod, and from thence offer their advice upon that weighty case, which the circumstances of the day do loudly call to be considered, "what are the miscarriages whereof we have reason to think the judgments of heaven upon us call us to be more generally sensible, and what may be the most evangelical, and effectual expedients, to put a stop to those, or the like miscarriages ?" This proposal we humbly make, in hopes that if it be prosecuted, it may be followed, by many desirable consequences, worthy. the study of those, whom God has made, and we are so happy to enjoy, as the nursing fathers of our churches."

Upon this address it is represented, that on the 3d of June last, the council voted, "that the synod and assembly, proposed in this memorial, will be agreeable to this board, and the reverend ministers are desired to take their own time, for the said assembly; and it is earnestly wished the issue thereof may be a happy reformation, in all the articles of a christian life, among his majesty's good subjects of this province."

That this resolution was sent down to the house of representatives for concurrence; and in that house, June 11, 1715, it was read, and referred to the next session, for further consideration.

That this resolution of the house of representa

tives was sent up to the council for their concurrence, and in council, June 19, 1795, read and concurred; and the lieut.-governor subscribed his consent thereto.

It appears, that against this application of the convention of ministers, for a synod, a memorial was presented, by Timothy Cutler, and Samuel Myles, ministers of the established church of England, to the lieut. -governor, council, and house of representatives, in general court assembled; a copy of which is hereunto annexed, and contains several reasons against the address of the convention of ministers.

Upon this memorial, the council on the 22d June 1725, resolved, that it contained an indecent reflection on the proceedings of that board, with several groundless insinuations, and voted that it should be dismissed; to which resolution the house of representatives agreed.

As to the questions contained in Mr. Delafaye's letter, we beg leave to submit our thoughts upon them to your excellencies' consideration, separately, and distinctly.

The first question is, whether such pastors, and messengers, have any power to meet, in a synod, without the king's licence?

In order to form an opinion upon this point, we have perused the charter, which is the fundamental constitution of this province, and have looked into

their printed acts of assembly, as far as the year 1722.

The charter bears date 7° Octobris, 3° Will. et Mariæ, A.D. 1691, and recites two former charters, one granted 3 Nov. 18 Jac. I. and the other 4 Mar. 4 Car. I. which was vacated, by judgment, upon a scire fac. in Trinity term 1684. In this charter, nothing is contained, tending to the establishment of any kind of church government, or ecclesiastical authority, in this colony, but there is the following clause for the greater ease and encouragement of our loving subjects, inhabiting our said province or territory of Massachusets Bay, and of such as shall come to inhabit there, we do by these presents, for us, our heirs, and successors, grant, establish, and ordain, that for ever hereafter, there shall be a liberty of conscience allowed in the wor ship of God to all christians (except papists) inha biting, or which shall inhabit, or be resident, within our said province, or territory.

By the power given, by this charter, to the general court, or assembly, to make laws, and impose taxes, they are authorised to dispose of matters, and things, whereby the subjects, inhabitants of the said province, may be religiously, peaceably, and civilly governed, protected, and defended, so as their good life, and orderly conversion, may bring the Indian natives of the country to the knowledge, and obedience, of the only true God and Saviour of man